The Indian President is the head of the state and he is also called the first
citizen of India. He is a part of Union Executive, provisions of which are dealt
with Article 52-78 including articles related to President (Article 52-62).
Under these articles, information on how a President is elected, his powers and
functions, and also his impeachment process is given.
President:
Under Article 52 of the Indian Constitution the Indian President is the head of
the state. He is the first citizen of India and is a symbol of solidarity,
unity, and integrity of the nation. He is a part of Union Executive along with
the Vice-President, Prime Minister, Council of Ministers, and Attorney-General
of India.
Election of President:
3 Under Article 54 of the Indian Constitution There is no direct election for
the Indian President. An electoral college elects him. The electoral college
responsible for President's elections comprises elected members of:
- Lok Sabha and Rajya Sabha
- Legislative Assemblies of the states (Legislative Councils have no role)
- Legislative Assemblies of the Union Territories of Delhi and Puducherry
Who does not take part in the President's elections:
The following group of people is not involved in electing the President of
India:
- Nominated Members of Lok Sabha (2) and Rajya Sabha (12
- Nominated Members of State Legislative Assemblies
- Members of Legislative Councils (Both elected and nominated) in
bicameral legislatures
- Nominated Members of union territories of Delhi and Puducherry
Term of the President's office:
Under Article 56 of The Indian Constitution Once President is elected, he holds
office for five years. He sits in the office even after the completion of five
years given no new election has taken place or no new President has been elected
till then. He can also be re-elected and there is no cap on his re-election.
Qualifications of the President:
Under Article 58 of the Indian Constitution, A candidate has to meet some
qualifications to be elected as the president.
Those qualifications of the President are:
- He should be an Indian Citizen
- His age should be a minimum of 35 years
- He should qualify the conditions to be elected as a member of the Lok
Sabha
- He should not hold any office of profit under the central government,
state government, or any public authority
Conditions of the President's office:
There are a few conditions for the candidate running for the President's
elections:
- He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a
member of either of the house, he should vacate the seat on his first day as
President in the office
- He should not hold any office of profit
- For his residence, Rashtrapati Bhavan is provided to him without the
payment of rent
- Parliament decides his emoluments, allowances and privileges
- Parliament cannot diminish his emoluments and allowances during his term
of office
- He is given immunity from any criminal proceedings, even in respect of
his personal acts
- Arrest or imprisonment of the President cannot take place. Only civil
proceedings can be initiated for his personal acts that too after giving two
months of prior notice.
Procedure for impeachment of a President:
Under Article 61 of the Constitution, The only condition for the initiation of
impeachment of the Indian president is the 'violation of the constitution.'
Indian Constitution contains no definition of
violation of the constitution.
The impeachment charges are signed by one- fourth of the Lok Sabha. 14 days'
notice is given to the president. Lok Sabha after signing the charges, passes
them to Rajya Sabha for investigation. Rajya Sabha agrees to the charges and
passes it with two- third majority and president stands removed.
Appointments:
- Attorney general of India and determines his remuneration
- Comptroller and Auditor General of India (CAG)
- Chief Election Commissioner and other Election Commissioners
- Chairman and members of the Union Public Service Commission
- State Governors
- Finance Commission of India chairman and members
- National Commissions of;
- Scheduled Castes
- Scheduled Tribes
- Other Backward Classes
- Inter-state council
- Administrators of union territories
- Appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman
of Rajya Sabha when the seats fall vacant
Powers and Functions of president
Executive Powers of president:
- For every executive action that the Indian government takes, is to be
taken in his name
- He seeks administrative information from the Union government
- He requires PM to submit, for consideration of the council of ministers,
any matter on which a decision has been taken by a minister but, which has
not been considered by the council
- He can declare any area as a scheduled area and has powers with respect
to the administration of scheduled areas and tribal areas
Legislative powers of president:
- Summons or prorogues Parliament and dissolve the Lok Sabha
- Summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock
- Addresses the Indian Parliament at the commencement of the first session
after every general election
- Nominates 12 members of the Rajya Sabha
- Can nominate two members to the Lok Sabha from the Anglo-Indian Community
- Consults the Election Commission of India on questions of
disqualifications of MPs.
- Recommends/ permits the introduction of certain types of bills
- Promulgates ordinances
- He lays the following reports before the Parliament:
- Comptroller and Auditor General
- Union Public Service Commission
- Finance Commission, etc.
Financial powers of the president:
- To introduce the money bill, his prior recommendation is a must
- He causes Union Budget to be laid before the Parliament
- To make a demand for grants, his recommendation is a pre-requisite
- Contingency Fund of India is under his control
- He constitutes the Finance Commission every five years
Judicial powers of president:
- Appointment of Chief Justice and Supreme Court/High Court Judges are on
him
- He takes advice from the Supreme Court, however, the advice is not
binding on him
- He has pardoning power: Under article 72, he has been conferred with
power to grant pardon against punishment for an offence against union law,
punishment by a martial court, or death sentence.
Pardoning powers:
- Pardon with the grant of pardon convicts both conviction and sentence completely
absolved
- Commutation with this nature of the punishment of the convict can be changed
- Remission reduces the term of the imprisonment
- Respite awards lesser punishment than original punishment by looking at the
special condition of a convict
- Reprieve stays the execution of the awarded sentence for a temporary period
Diplomatic Powers of President:
- International Treaties and agreements that are approved by the
Parliament are negotiated and concluded in his name
- He is the representative of India in international forums and affairs
Military powers of President:
He is the commander of the defense forces of India. He appoints:
- Chief of the Army
- Chief of the Navy
- Chief of the Air Force
Emergency powers of the President
He deals with three types of emergencies given in the Indian Constitution:
- National Emergency (Article 352)
- President's Rule (Article 356 & 365)
- Financial Emergency (Article 360)
Ordinance making power of the president:
Article 123 deals with the ordinance making power of the President. The
President has many legislative powers and this power is one of them. He
promulgates an ordinance on the recommendation of the union cabinet. To read
more on Ordinance Making Power of the President,
veto power of the president
The Veto Power of the President of India is guided by Article 111 of the Indian
Constitution. When a bill is introduced in the Parliament, Parliament can pass
the bill and before the bill becomes an act, it has to be presented to the
Indian President for his approval. It is on the President of India to either
reject the bill, return the bill or withhold his assent to the bill. The choice
of the President over the bill is called his veto power.
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